Publication Type

Transcript

Version

publishedVersion

Publication Date

9-2023

Abstract

The limits of the law on dual vicarious liability were recently tested in the decisions of Munshi Mohammad Faiz v Interpro Construction Pte Ltd [2021] 4 SLR 1371 and Hwa Aik Engineering Pte Ltd v Munshi Mohammad [2021] 1 SLR 1288, both before the General and Appellate divisions of the High Court. Against the backdrop of these decisions, this case note argues that the approach laid down by the High Court may go some ways in resolving the tension and assist in settling the perennial question of the role of control in dual vicarious liability. In particular, it is argued that control should be the main factor in guiding the court’s determination, and a framework is proposed to provide a clearer and more practical approach. This case note also considers whether the pro hac vice principle, which allows a permanent employer to shift liability entirely to the temporary employer if the former has temporarily transferred the services of one of his general servants to another party for a particular occasion, remains relevant in light of this development.

Discipline

Asian Studies | Business Organizations Law | Civil Procedure

Publication

Singapore Academy of Law Journal

Volume

35

First Page

439

Last Page

454

ISSN

0218-2009

Publisher

Singapore Academy of Law

Copyright Owner and License

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